Profile on New ABA Tax Section Committee on Indian Tribal Tax

Here.

Washington State Bar Indian Law Section Spring 2013 Newsletter

Here.

In this issue you will find:
• Message from the Chair
• Interior’s New Leasing Regulations: Preempting State and Local Taxation Authority
• IRS Assault on Trust Resources
• Notice 2012-75: The IRS Expands the Tax Exemption for Tribal general Welfare Programs
• 25th Annual WSBA Indian Law Seminar
• The Sovereign Immunity of Tribal Officials and Employees after Maxwell v. County of San Diego

Ninth Circuit Reverses BIA Decision Favoring Cahto Disenrollees

Here is the opinion in Cahto Tribe of the Laytonville Rancheria v. Dutschke.

The court’s syllabus:

The panel reversed the district court’s judgment affirming the federal Bureau of Indian  Affairs’ decision in favor of federal defendants in an action brought by the Cahto Tribe of the Laytonville Rancheria, seeking to set aside the Bureau of Indian Affairs’ decision to direct the Tribe to place the names of certain disenrolled individuals back on its  membership rolls.

The panel held that the Tribe’s governing documents did not provide for an appeal to the Bureau of Indian Affairs of the Tribe’s disenrollment action.

Briefs are here.

Agua Caliente Sues for Water Adjudication

Here is the complaint in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (C.D. Cal.):

Complaint for Declaratory and Injunctive Relief (conformed)

OSG Recommends Denial of Michigan’s Cert Petition in Vanderbilt Casino Dispute

Here is the brief:

12-515 Michigan v Bay Mills

Pechanga Assoc. General Counsel Posting

In-House Tribal Attorney for The Pechanga Band of Luiseno Indians, located near Temecula, Riverside County, California, is seeking one or two attorneys to join its In-House Legal Dept. Experienced and entry-level will be considered. Preferred experience in all aspects of Indian law and environmental and natural resources law. Salary is competitive, dependent upon qualifications and experience, full benefit package and opportunity to work with a motivated and progressive team in beautiful Southern California wine country. Pechanga Office of the General Counsel provides legal opinions and assistance to Tribal Council, all departments of the Pechanga Tribal Government and Pechanga Development Corporation; oversees work of outside counsel; and limited service to tribal members in matters relating to tribal status. Qualifications for this position are as follows: Bachelors Degree from accredited college, must be admitted to practice before the California state bar or admitted to a state bar and willing to become a member of the California state bar, Minimum of (5) years experience in all aspects of American Indian law, with knowledge and experience in employment law, Intellectual Property, Indian Child Welfare Act, gaming law, contracts and litigation, ability to conduct legal and general research that is accurate and thorough, and have strong written and verbal advocacy skills. Application and full Job Announcement at http://www.pechanga-nsn.gov Send resumes and completed application to HR@pechanga-nsn.gov

Complete Cert Stage Briefing in Native Village of Kivalina v. ExxonMobil Corp.

Here:

Petition

Opposition Brief

Reply Brief

Miller v Wright Cert Opposition Brief

Here:

Miller v Wright Cert Opp

The petition is here. No chance for a grant. I wouldn’t have even filed an opposition….

Dreveskracht on Montana’s War against the Bison (and Montana Indian Country)

Here.

An excerpt:

To ward off the threat of brucellosis transmission to livestock and humans, the Montana state legislature has introduced five bills aimed at ridding the state of its free-ranging bison.[8]  This legislation is expressly inclusive of all of both Montana Indian Country and off-Reservation Treaty-protected lands.  History repeats itself as non-tribal government once again threatens to take the buffalo from Native Americans, particularly Great Plains Indian Treaty Peoples.  Indian leaders from the Fort Peck, Crow, and Fort Belknap Reservations have joined forces with wildlife advocates, sportsmen’s groups, and conservationists to oppose the bills.[9]  This article discusses the arguments of both sides, and examines the validity of Montana’s proposed legislation vis-à-vis Indian inherent sovereignty and Treaty rights.

Read more at http://indiancountrytodaymedianetwork.com/2013/05/12/montanas-bison-bills-another-attack-buffalo-country

Tim Garrison Review of “The Eagle Returns”

Published in the Michigan Historical Review:

Michigan Historical Review of TER

It is a great honor to have The Eagle Returns reviewed by Professor Garrison. Migwetch!